A recent ruling by the Ninth Circuit Court of Appeals in a California Invasion of Privacy Act (CIPA) class action classified a screen recording technology as potentially being an illegal form of wiretapping, with deleterious possible effects for widely used Telephone Consumer Protection Act (TCPA) compliance efforts.
Author: stefen
Webinar Recap: Berman, Javier, Wrong Numbers, and Arbitration
Contact Center Compliance’s most recent webinar—Berman, Wrong Numbers, & Arbitration—covered a wide variety of important topics in the world of Telephone Consumer Protection Act (TCPA) compliance. Our guest, the esteemed Eric J. Troutman from TCPAWorld and the Troutman Firm, discussed these topics with Contact Center Compliance’s Director of Compliance Services, Arvell Craig. Arvell and Eric… Continue reading Webinar Recap: Berman, Javier, Wrong Numbers, and Arbitration
Oklahoma Follows Florida’s Lead With a Mini-TCPA of Its Own
On Friday, Oklahoma Governor Kevin Stitt signed the Telephone Solicitation Act of 2022 into law. Much like Florida’s telemarketing law from last year, it turns the existing state telemarketing regulations into something like a mini-Telephone Consumer Protection Act (TCPA). The notable provisions and language closely track the Florida law, including: Prohibiting “a telephonic sales call… Continue reading Oklahoma Follows Florida’s Lead With a Mini-TCPA of Its Own
Ninth Circuit Ruling on Online Disclosure Form Could Set Dangerous Precedent for Leads Industry
A Ninth Circuit decision from last month is already serving as a precedent for Telephone Consumer Protection Act (TCPA) cases that center on online disclosure forms. It demonstrates how courts could use inadequate webform design to undermine otherwise valid arbitration agreements.
FCC Seeks Public Comment on HHS Request for Clarity on TCPA Rules for Healthcare
Late last month, the Department of Health and Human Services (HHS) wrote an open letter to the Federal Communications Commission (FCC) requesting clarification on Telephone Consumer Protection Act (TCPA) rules with regards to healthcare-related messages. Specifically, HHS is inquiring about “text messages and automated, pre-recorded calls [that] would be made to encourage those individuals to… Continue reading FCC Seeks Public Comment on HHS Request for Clarity on TCPA Rules for Healthcare
April Compliance News Roundup
The world of marketing compliance is complex and fast-paced. Sometimes important news and developments can be missed. This post collects some of the most important news of the past month that we have not yet covered. Washington Passes New State Telemarketing Amendments On March 31, Washington Governor Jay Inslee signed new amendments into law that… Continue reading April Compliance News Roundup
FTC Moves Forward With Potential Changes to TSR’s B2B Exemption, Other Provisions
At their April 28 open meeting, the Federal Trade Commission (FTC) proposed new rulemaking related to the Telemarketing Sales Rule (TSR) that would extend some of the Rule’s regulations to business-to-business (B2B) calls, impose new recordkeeping rules for callers, impose new regulations for inbound calls, and create requirements for negative option sales calls. The Commission… Continue reading FTC Moves Forward With Potential Changes to TSR’s B2B Exemption, Other Provisions
New Crowdsourced Litigator List at StopLitigators.com Is Compiling TCPA Demand Letters
StopLitigators.com is a new, free, crowdsourced database of Telephone Consumer Protection Act (TCPA) litigators compiled from demand letters submitted by industry users. StopLitigators.com is offering free access to check phone numbers against the database in exchange for signing up. Marketers can sign up at StopLitigators.com, submit their demand letters and lawsuits to the crowdsourced litigator… Continue reading New Crowdsourced Litigator List at StopLitigators.com Is Compiling TCPA Demand Letters
FCC Partners With States for Robocall Enforcement
The Federal Communications Commission (FCC) has been adopting a new strategy for enforcing robocall regulations that involves signing Memoranda of Understanding (MOU) with state attorneys general. In recent weeks, the FCC has announced MOUs with multiple states, usually in batches. The latest batch has now ensured that the FCC’s Enforcement Bureau has MOUs with a… Continue reading FCC Partners With States for Robocall Enforcement
Is SMS the Safest Marketing Channel? 8 Questions to Minimize Your Risk
Over the past few months, questions on SMS marketing and TCPA have been some of the most common questions I receive. Today I wanted to share with you 8 questions you must ask yourself to minimize your TPCA risk and maximize your effectiveness with SMS marketing.